Provisions not applicable to the body corporate
(1) A provision of this Act mentioned in the following table does not apply to the body corporate, subject to any conditions prescribed by the regulations for the purposes of this subsection in relation to the provision: Provisions of this Act that do not apply to bodies corporate registered under the ACNC Act Item Column 1 Provision(s) Column 2 Topic 1 subsection 136(5) Public company must lodge with ASIC a copy of a special resolution adopting, modifying or repealing its constitution 2 section 138 ASIC may direct company to lodge consolidated constitution 3 section 139 Company must send copy of constitution to member 4 subsection 142(2), section 146 and subsection 146A(2) Company must notify ASIC of changes of address 5 (a) sections 180 to 183; and (b) section 185, to the extent that it relates to sections 180 to 183 Duties of directors etc. 6 section 188, to the extent it relates to a provision mentioned in another item of this table Responsibility of secretaries and directors for certain contraventions 7 sections 191 to 194 Interests of directors 8 (a) sections 201L and 205A to 205C; and (b) section 205D, to the extent it relates to section 205B; and (c) section 205E Public information about directors etc. 9 (a) Part 2G.2 (other than sections 249R, 249RA, 249S, 250PAA and 250PAB); and (b) Part 2G.3, to the extent that it relates to meetings of the body corporate’s members Meetings of members 10 (a) Parts 2M.1 and 2M.2; and (b) Part 2M.3 Financial reports and audit 11 Chapter 2N Updating ASIC information about companies, registered schemes and notified foreign passport funds 12 sections 601CDA, 601CK and 601CTA Foreign companies 13 subsection 601CT(3), section 601CV and subsections 601DH(1) and (1A) Registered body must notify ASIC of certain changes (2) Regulations made for the purposes of subsection (1) may be indefinite or limited to a specified period. Reporting by debenture issuers (3) Item 10 of the table in subsection (1) does not apply in relation to a financial year if the body corporate was a borrower in relation to debentures at the end of the year. Prescribed provisions (4) A provision of this Act prescribed by the regulations for the purposes of this subsection does not apply to the body corporate. (5) Regulations made for the purposes of subsection (4) may: (a) be expressed to be subject to conditions; and (b) be indefinite or limited to a specified period; and (c) specify a provision even if the provision is mentioned in another section of this Part.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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